NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Brian Charles Carter v Carenne Support Ltd [2009] NSWIRComm 173
PARTIES: Brian Charles Careter (Applicant) Carenne Support Ltd (Respondent)
FILE NUMBER(S): IRC 2424 of 2008
CORAM: Haylen J
CATCHWORDS: UNFAIR DISMISSAL - driver employed to transport disabled students - transport service supplied by respondent charitable organisation under contractual arrangements with Department of Education and Training - no fee charged for transport service - transport service revenue largest single item in financial returns of charitable organisation - Notice of Motion filed by respondent challenging jurisdiction of Commission - charitable organisation asserted to be a constitutional corporation and a trading corporation and therefore s 16(1) Workplace Relations Act operated to remove Commission's jurisdiction - consideration of operation of respondent - in substance transport service a funded welfare activity - respondent's operations found to lack the essential quality of trade - Notice of Motion dismissed
Associations Incorporation Act 1984 Charitable Fundraising Act 1991 Industrial Relations Act 1996 Ch 2,Pt 6 LEGISLATION CITED: Local Government Financial Assistance Act 1995 Passenger Transport Act 1990 Passenger Transport Act 1990. Transport Industry - Motorbus Driver and Conductors (State) Award Workplace Relations Act 1996 (Cth), s 16, s 16(1)
Aboriginal Legal Service of Western Australia Inc v Lawrence (No 2) [2008] WASCA 254 Australian Workers' Union of Employees, Queensland v Etheridge Shire Council [2008] FCA 1268 E v Australian Red Cross (1991) 27 FCR 310 Fowler v Syd-West Personnel Ltd [1998] IRComm 904 Garvey v The Institute of General Practice Education Inc (2007) 165 IR 62 CASES CITED: Hardeman v Children's Medical Research Institute (2007) 166 IR 196 Hillman v Bankstown Handicapped Children's Centre Association Inc [2008] NSWIRComm 64 Hughes v Western Australian Cricket Association Inc (1986) 19 FCR 10 R v The Judges of the Federal Court of Australia; Ex parte Western Australian National Football League (Inc) (1979) 143 CLR 190 R v Trade Practices Tribunal; Ex parte St George County Council (1974) 130 CLR 533 (at 539) The State Superannuation Board v Trade Practices Commission (1982) 150 CLR 282 at 330
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